FEED EM RIGHT LLC WEBSITE TERMS OF SERVICE
TERMS AND CONDITIONS
These terms and conditions (the “Terms and Conditions” or “Terms”) set out the terms, conditions and related legal terns on which we offer to sell you pet food products (the “Products”) which we advertise on this Website and the Terms which govern your use of this Website.
All references in these Terms and Conditions to the “website,” “Website” or “Site” refer to this Website, naturesadv.com; to “we”, “us” and “our”, a website owned by Feed ‘Em Right, LLC; and to “you” and “your” are to you, the user of this Website and/or buyer of Products from the Website.
This Website is designed for you — please read these Terms and Conditions as they protect your interests and govern the legal relationship between you and Feed ‘Em Right, LLC. If you have any comments, problems or any questions regarding these Terms, our Website and/or Products and/or any services featured, please get in touch with us.
By using or accessing our Website and/or placing any order(s) of Products from us, you agree to be legally bound by these Terms and Conditions.
YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AND TERM OF SERVICE
By visiting our Site and/or purchasing Products from us, you engage in our “Service” and also agree to be bound by these terms of service (the “Terms of Service”), including those additional Terms and Conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Site, you also agree to be bound by these Terms of Service. If you do not agree to all of the Terms and Conditions set forth herein, then you may not access the Website, use any or our Services or purchase Products from us from this Website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service and the Terms and Conditions.
Any new features or tools which are added to our Website shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. Shopify Inc. provides us with the online e-commerce platform that allows us to sell our Products to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least eighteen (18) years old or the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our Services or purchase our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of your Services and/or your right to purchase Products through our Website.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service or not to sell the Products to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting to networks or devices. Credit card information is always encrypted during transfer over networks.-
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on our Website through which the Service is provided, without express written permission by us. The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, may not be current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Products are subject to change without notice. We reserve the right at any time to remove Products for sale or modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or removal of any Products from our Site.
SECTION 5 - PRODUCTS OR SERVICES
Certain Products or Services may be available exclusively online through our Website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Returns Policy. We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this Site is void where prohibited by applicable law.
The warranties we provide on our Products are set forth on the packaging for our Products. Other than such written warranties, we do not provide any other express or implied warranties in relation to the Products, the Services, information, or other material purchased or obtained by you through our Website will meet or exceed your expectations, or that any errors in the Service will be corrected.
SECTION 6 - REFUNDS OF PRODUCTS PURCHASED FROM OUR WEBSITE
We have a 100% customer satisfaction refund policy which means you can receive a refund of any Products purchased from us pursuant to our refund policy.
You can always contact us for any return question at firstname.lastname@example.org
SECTION 7- SERVICED COUNTRIES
Our Website is only intended to complete the sale of Products for consumption by pets in the United States (the “Serviced Countries”).
SECTION 8 - YOUR STATUS
By placing an order for the purchase of Products through our Website, you confirm and warrant to us that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old; and
(c) you are a resident in one of the Serviced Countries.
SECTION 10 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Refund Policy.
SECTION 11 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the Website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 12 - THIRD-PARTY LINKS
Certain content, goods and services available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 14 - PERSONAL INFORMATION
SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 16 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products and other related services delivered to you through the Service and our Website are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Feed ‘Em Right, LLC or our respective directors, officers, equity holders, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or purchase of any Products procured using the Service or the Website, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or any Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Feed Em Right, LLC and our respective parent, subsidiaries, affiliates, equity holders, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (collectively the “Nature’s Advantage Indemnified Parties”), harmless from any claim, loss, liability, cost, expense or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party caused by you. This indemnity, defense and hold harmless provision shall not apply to any claim, damage or loss caused by the recklessness or intentional misconduct by any of the Feed Em Right, LLC Indemnified Parties.
SECTION 19 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of our Website or your purchase of Products from us for all purposes. These Terms of Service are effective unless and until terminated by either you or us by written notice to the other party. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate your right to use these Services at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 21 - ENTIRE AGREEMENT
The failure of either party to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service and purchase of Products from the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services or sell Products to you shall be governed by and construed in accordance with the laws of State of Wisconsin without regard to conflicts of law principles.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us via email to email@example.com